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Subdivision Decision Notice · OPW16/0051

Attached to the e-mail OPW16/0051 - Operational Works Application (REC15/0023).

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                                                                Officer:                  Wilhelm Koschade
                                                                Direct Telephone:         07 53296239
                                                                Our Reference:            REC15/0023
                                                                Your Reference:           15/3983

                      7 January 2016


                      D Wood
                      C/- Max Watterson & Associates
                      Po Box 639
                      COOROY QLD 4563


                      Dear Sir/Madam

                                                        Decision Notice
                                                   Sustainable Planning Act 2009
                      I refer to your application and advise that on 7 January 2016, Council decided to approve
                      the application in full subject to conditions.
                      Details of the decision are as follows:
                      1.      APPLICATION DETAILS

                      Application No:                 REC15/0023
                      Street Address:                 9 Ravenwood Dr NOOSA HEADS QLD 4567
                      Real Property Description:      Lot 70 RP 217095
                      Planning Scheme:                The Noosa Plan (16 September 2013)

                      2.      DECISION DETAILS

                      The following type of approval has been issued:

                             Development Permit to Reconfigure a Lot - 1 Lot into 2 Lots

                      3.      RELEVANT PERIOD OF APPROVAL

                      The relevant period for this development approval is 4 years starting the day that this
                      development approval takes effect.

                      4.      ASSESSMENT MANAGER CONDITIONS

                              Planning
                      1.      Unless otherwise stated, all works required by the conditions of this Decision
                              Notice must be completed prior to submission of the subdivision plan to Council for
                              compliance assessment.




                                                     PO Box 141               P. (07) 5329 6500    [email protected]
                                                     TEWANTIN QLD 4565        F. (07) 5329 6501    www.noosa.qld.gov.au
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Document Set ID: 20006723
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                              Approved Plans
                      2.      Development undertaken in accordance with this approval must generally comply
                              with the approved plans of development. The approved plans are listed in the
                              following table unless otherwise amended by these conditions.
                               Plan No.             Rev.   Plan/Document Name                      Date
                               15-3983AI                   Plan of Proposed Reconfiguration of Lot
                                                    NA                                             23-12-15
                                                           70 on RP217095, prepared by Max
                                                           Watterson + Associates
                      3.      All lot numbering on the subdivision plan to be submitted to Council for compliance
                              assessment must remain as shown on the Approved Plans.
                      4.      The development must be undertaken and operated in a manner that causes no
                              detrimental effect upon the amenity of the neighbourhood by reason of the creation
                              of excessive noise, lighting nuisance or other emissions.
                              ENGINEERING
                              Stormwater Drainage
                      5.      The existing Council’s stormwater drainage pipeline on the property must be
                              reconstructed to be centrally located within the proposed 3.0m wide drainage
                              easement shown on the approved lot reconfiguration plan. The works must be
                              undertaken in accordance with an Operational Works approval in compliance with
                              the relevant sections of Queensland Urban Drainage Manual and supported by a
                              detailed stormwater drainage design prepared and certified by a suitably qualified
                              and experienced Registered Professional Engineer Queensland (RPEQ). The
                              works must generally include:
                              (a)      The replacement and upgrade of the entre length of the pipeline between the
                                       upstream sealed connection pit in Ravenwood Drive and the existing
                                       downstream outlet.
                              (b)      The removal of the redundant existing pipeline.
                              (c)      The reconstruction of the existing kerb inlet pit.
                              (d)      Catering for any existing or required stormwater connection/s into the
                                       pipeline.
                              (e)      Any adjustment to existing public service may be necessitated by the
                                       pipeline replacement.
                              (f)      Any road pavement and frontage reinstatement works associated with
                                       proposed stormwater pipeline works.

                              These stormwater drainage works are “non-trunk infrastructure” for the purposes of
                              the Sustainable Planning Act 2009.
                              Easements
                      6.      A stormwater drainage easement 3.0m wide minimum must be created in favor of
                              Council centrally located over the constructed new stormwater pipeline and
                              structure/s within the site and generally in accordance with the approved lot
                              reconfiguration plan.
                      7.      Unless otherwise agreed in writing by the relevant service provider, any public or
                              third party infrastructure located on the subject site must be placed within an
                              easement registered against the title of the property and in accordance with the
                              requirements of the respective service provider.




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                      8.      All easements must be created and granted at no cost to the Grantee.
                      9.      All works must be kept clear of any existing or proposed easements on the subject
                              land, unless agreed otherwise in writing by the Grantee.
                              Water and Sewer Connections
                      10.     An underground connection to reticulated water and sewerage must be provided to
                              each lot in accordance with the standards and requirements of Northern SEQ
                              Distributor–Retailer Authority (Unitywater).
                      11.     Prior to the endorsement of the Plan of Survey by Council a written confirmation
                              from Unitywater must be provided to Council to confirm that the proposed lots are
                              provided with their own separate connection to the sewer system and in
                              compliance with the requirements of Unitywater.
                      12.     A Certificate of Completion from the Northern SEQ Distributor–Retailer Authority
                              (Unitywater) must be submitted to Council that certifies an underground connection
                              to reticulated water and sewerage has been provided to each lot.
                              Frontage Reinstatement Works
                      13.     Any redundant driveway must be removed, and the kerb line and the verge area
                              reinstated and landscaped to match the existing kerb and/or verge treatments.
                              Grassed verge areas to be reinstated must be provided with 100 mm topsoil and
                              turf, and must be maintained by the developer until established. The driveway
                              layback must be saw-cut and removed to allow for a smooth and neat finish with
                              the adjoining kerb. A Development Permit for Operational shall be required.
                      14.     Prior to the endorsement of the Plan of Survey by Council, any trees within the
                              road grassed verge that are damaged or removed due to the development works
                              must be replaced with similar tress or as agreed to by Council.
                      15.     Any badly damaged kerb and/or channel along the frontage of the site must be
                              repaired to the reasonable satisfaction of Council’s representative.

                              Electricity and Telecommunication Services
                      16.     Prior to the endorsement of the Plan of Survey by Council a written confirmation
                              must be provided to Council from the relevant services providers to confirm that
                              the proposed lots are provided with their own separate connections to the
                              electricity and telecommunication services and in compliance with the relevant
                              legislation and guidelines at the time of construction, the development must be
                              provided with all necessary conduits, pits and pipes to accommodate the future
                              connection of optic fibre technology telecommunications.

                              Bonds
                      17.     The applicant is advised that the development works for this permit require
                              payment of a compliance bond of $5,000 and an on-maintenance bond in
                              accordance with Council’s policies. The payment of the compliance/performance
                              bond will be required prior the prestart meeting for the Operation Works.

                      5.     REFERRAL AGENCIES

                      Nil.




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                                                                                                       REC15/0023



                      6.      REFERENCED DOCUMENTS

                      Not Applicable.

                      7.      ADVISORY NOTES

                              Aboriginal Cultural Heritage Act 2003
                      1.      There may be a requirement to establish a Cultural Heritage Management Plan
                              and/or obtain approvals pursuant to the Aboriginal Cultural Heritage Act 2003
                              (ACH Act).
                              The ACH Act establishes a cultural heritage duty of care which provides that: “A
                              person who carries out an activity must take all reasonable and practicable
                              measures to ensure the activity does not harm Aboriginal cultural heritage”. It is an
                              offence to fail to comply with the duty of care. Substantial monetary penalties may
                              apply to individuals or corporations breaching this duty of care. Injunctions may
                              also be issued by the Land and Resources Tribunal, and the Minister administering
                              the ACH Act can also issue stop orders for an activity that is harming or is likely to
                              harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
                              heritage.
                              You should contact the Cultural Heritage Unit on 07 3247 6212 to discuss any
                              obligations under the ACH Act.
                              Building and Construction Industry (Portable Long Service Leave) Levy
                      2.      The QLeave levy must be paid prior to the issue of a development permit where it
                              is required. Council will not be able to issue a Decision Notice without receipt of
                              details that the Levy has been paid. QLeave contact: 1800 803 481 (free call) or
                              (07) 3212 6855.
                              Co-ordination of Operational Works Assessment
                      3.      Additional application fees apply to Operational Work applications where the
                              different aspects of the works are lodged separately. Significant savings in
                              application fees will result if all works are lodged in a single application.

                      8.      PROPERTY NOTES

                      Nil.

                      9.      PRELIMINARY APPROVAL OVERRIDING PLANNING SCHEME

                      Not Applicable.

                      10.     FURTHER DEVELOPMENT PERMITS REQUIRED


                               Operational Works for Stormwater Drainage Works (Realignment of Existing
                                Stormwater Pipeline and associated reinstatement works) and Frontage Works;
                               Compliance Certificate for Document (Plan Sealing).




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                                                                                                  REC15/0023



                      11.     SELF ASSESSABLE CODES

                      Not Applicable.

                      12.     SUBMISSIONS

                      Not Applicable.

                      13.     REASONS / GROUNDS FOR APPROVAL DESPITE CONFLICT WITH SCHEME

                      Not Applicable.

                      14.     RIGHTS OF APPEAL

                      You are entitled to appeal against this decision. A copy of the relevant appeal provisions
                      from the Sustainable Planning Act 2009 is attached.

                      During the appeal period, you as the applicant may suspend your appeal period and
                      make written representations to Council about the conditions contained within the
                      development approval. If Council agrees or agrees in part with the representations, a
                      “negotiated decision notice” will be issued. Only one “negotiated decision notice” may
                      be given. Taking this step will defer your appeal period, which will commence again
                      from the start the day after you receive a “negotiated decision notice”.


                      Yours faithfully




                      Wilhelm Koschade
                      Development Planner




                      Enc:      Approved Plans/Documents
                                Appeal Rights

                      cc        Unitywater




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                                                                                                                             REC15/0023




                                                                     Appeal Rights
                                                                     SUSTAINABLE PLANNING ACT 2009 & SUSTAINABLE PLANNING
                                                                     REGULATION 2009



                      The following is an extract from the Sustainable Planning     (4)   The appeal must be started within 20 business days
                      Act 2009 (Chapter 7).                                               (the submitter’s appeal period) after the decision
                                                                                          notice or negotiated decision notice is given to the
                      MATERIAL CHANGE OF USE, RECONFIGURING A                             submitter.
                      LOT & OPERATIONAL WORKS
                                                                                    463 Additional and extended appeal rights for
                      Division 8         Appeals to       court relating to             submitters         for     particular    development
                                         development       applications and             applications
                                         approvals                                  (1) This section applies to a development application to
                                                                                        which chapter 9, part 7 applies.
                      461    Appeals by applicants                                  (2) A submitter of a properly made submission for the
                      (1)    An applicant for a development application may             application may appeal to the court about a referral
                             appeal to the court against any of the following—          agency’s response made by a prescribed
                             (a) the refusal, or the refusal in part, of the            concurrence agency for the application.
                                  development application;                          (3) However, the submitter may only appeal against a
                             (b) any condition of a development approval,               referral agency’s response to the extent it relates
                                  another matter stated in a development                to—
                                  approval and the identification or inclusion of       (a) if the prescribed concurrence agency is the
                                  a code under section 242;                                   chief executive (environment)—development for
                             (c) the decision to give a preliminary approval                  an aquacultural ERA; or
                                  when a development permit was applied for;            (b) if the prescribed concurrence agency is the
                             (d) the length of a period mentioned in section                  chief executive (fisheries)—development that
                                  341;                                                        is—
                             (e) a deemed refusal of the development                          (i) a material change of use of premises for
                                  application.                                                      aquaculture; or
                      (2)    An appeal under subsection (1)(a), (b), (c) or (d)               (ii) operational work that is the removal,
                             must be started within 20 business days (the                           damage or destruction of a marine plant.
                             applicant’s appeal period) after—                      (4) Despite section 462(1), the submitter may appeal
                             (a) if a decision notice or negotiated decision            against the following matters for the application even
                                  notice is given—the day the decision notice           if the matters relate to code assessment—
                                  or negotiated decision notice is given to the         (a) a decision about a matter mentioned in section
                                  applicant; or                                               462(2) if it is a decision of the chief executive
                             (b) otherwise—the day a decision notice was                      (fisheries);
                                  required to be given to the applicant.                (b) a referral agency’s response mentioned in
                      (3)    An appeal under subsection (1)(e) may be started                 subsection (2).
                             at any time after the last day a decision on the
                             matter should have been made.                          464 Appeals by advice agency submitters
                                                                                    (1) Subsection (2) applies if an advice agency, in its
                      462    Appeals by submitters—general                              response for an application, told the assessment
                      (1)    A submitter for a development application may              manager to treat the response as a properly made
                             appeal to the court only against—                          submission.
                              (a) the part of the approval relating to the          (2) The advice agency may, within the limits of its
                                  assessment manager’s decision about any               jurisdiction, appeal to the court about—
                                  part of the application requiring impact              (a) any part of the approval relating to the
                                  assessment under section 314; or                            assessment manager’s decision about any part
                              (b) the part of the approval relating to the                    of the application requiring impact assessment
                                  assessment manager’s decision under                         under section 314; or
                                  section 327.                                          (b) any part of the approval relating to the
                      (2)     To the extent an appeal may be made under                       assessment manager’s decision under section
                              subsection (1), the appeal may be against 1 or                  327.
                              more of the following—                                (3) The appeal must be started within 20 business days
                             (a) the giving of a development approval;                  after the day the decision notice or negotiated
                             (b) any provision of the approval including—               decision notice is given to the advice agency as a
                                  (i) a condition of, or lack of condition for,         submitter.
                                        the approval; or                            (4) However, if the advice agency has given the
                                  (ii) the length of a period mentioned in              assessment manager a notice under section
                                        section 341 for the approval.                   339(1)(b)(ii), the advice agency may not appeal the
                      (3)    However, a submitter may not appeal if the                 decision.
                             submitter—
                             (a) withdraws the submission before the                465 Appeals about decisions relating to extensions
                                  application is decided; or                            for approvals
                             (b) has given the assessment manager a notice          (1) For a development approval given for a development
                                  under section 339(1)(b)(ii).                          application, a person to whom a notice is given under




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                            section 389, other than a notice for a decision under
                            section 386(2), may appeal to the court against the
                            decision in the notice.
                      (2)   The appeal must be started within 20 business days
                            after the day the notice of the decision is given to the
                            person.
                      (3)   Also, a person who has made a request under
                            section 383 may appeal to the court against a
                            deemed refusal of the request.
                      (4)   An appeal under subsection (3) may be started at
                            any time after the last day the decision on the matter
                            should have been made.

                      466 Appeals about decisions relating to permissible
                          changes
                      (1) For a development approval given for a development
                          application, the following persons may appeal to the
                          court against a decision on a request to make a
                          permissible change to the approval—
                          (a) if the responsible entity for making the change is
                               the assessment manager for the application—
                               (i) the person who made the request; or
                               (ii) an entity that gave a notice under section
                                    373 or a pre-request response notice
                                    about the request;
                          (b) if the responsible entity for making the change is
                               a concurrence agency for the application—the
                               person who made the request.
                      (2) The appeal must be started within 20 business days
                          after the day the person is given notice of the
                          decision on the request under section 376.
                      (3) Also, a person who has made a request under
                          section 369 may appeal to the court against a
                          deemed refusal of the request.
                      (4) An appeal under subsection (3) may be started at
                          any time after the last day the decision on the matter
                          should have been made.

                      467 Appeals about changing or cancelling conditions
                          imposed by assessment manager or concurrence
                          agency
                      (1) A person to whom a notice under section 378(9)(b)
                          giving a decision to change or cancel a condition of a
                          development approval has been given may appeal to
                          the court against the decision in the notice.
                      (2) The appeal must be started within 20 business days
                          after the day the notice of the decision is given to the
                          person.




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                                                 -
                                         NOOSA COUNCIL
                                         APPROVED PLAN
                                       REC15/0023 6 JAN 2016


Document Set ID: 20006722
Version: 1, Version Date: 07/01/2016                           Print Date: 7 January 2016, 2:28 PM

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